MUAUPOKO TRIBAL AUTHORITY

WHY THE GOVERNMENT NEEDS TO LOOK FURTHER.

A NEW CONSTITUTION THAT NOONE READ

With funding by CFRT the Crown Forestry Rental Trust and Te Puni Kokiri and not forgetting Fisheries money the MTA has a reason to get a mandate to run every claim including Wai 108. They own and have included ALL new names in their Wai 52 whose original claimants have all passed on. Those now running this claim have in the most part never been involved in Maori affairs in the tribe running back over 30 years with many having indirect whakapapa not direct to Maori Chiefs.

All of a sudden everyone started sending in claims most thinking a pot of gold was in line for them yet had never had any input in the affairs of their tribe. Most of these claimants had alterior motives & no input into their claim nor pre research carried out to bae their claims. We now have Muaupoko with 23 claims

NEW FLAWED CONSTITUTION RULES:

The rules were made under the guise of the old rules not being accepted by Matthew Sword LLB of the Tuia Group. This person should be held accountable for failing to submit the old rules that had flaws in them then presenting a new set of rules. A hui was held which brought out the anomolies of the old constitution but a hui was never convened to update the rules once they had been changed by the MTA as they said they would.

Instead a whole set of new rules was inititated without even time to be veted and read by the Tribe at the AGM of June 2011. These new rules were never ever discussed at the AGM nor allowed to be discussed nor when a motion was put to the floor by the author allowed. The motion for our people to have nore time to read was not allowed. Here are the flaws that I found:[ New rules will be uploaded]

NEW RULES OF THE MTA SHOULD NOT BE PASSED. PLEASE READ THE DEFECTS:

4.1 You are a charitable trust not a company OR a multi corp. Then why the name CEO? A CEO is not used for a Charitable Incorporated society as this allows Steven Hirini with the Board to increase his pay scale to what he wants. It allows him to start up and be on companies with no opposition and the members who cannot vote to remove. It means CEO FOR LIFE.

4.2 The Authority may act but may not? This means the MTA do not have to help the tribe, its people or the life of whanau, childrens welfare if they do not wish to do so--this is a reason why kaumatua are never consulted. Remember they are using our Iwi money not there own?

5. (b) Unrestricted powers to borrow. (c). Be able to take out mortgages? When none of them even know what the meaning of mortgage is? They already took a mortgage out on the building in Oxford St due to unable to run their own finances. Whats owing that was not authorized? What is your tax situation (d)They Can invest funds when they have no experience of using other peoples money? (e). Sell assets? (f) borrow at will allows them to borrow on monies received for the tribe (g). So if an owner cannot afford to pay rates on his land the ATM will take it over?? But what happens if this owner wants MTA help them pay their rates and they say no? Etc. (h) allows outsiders to have a hold over the MTA (i) this allows them to make the building bigger or spend more money on whatever they want. (L) meaning any settlement so if a  ATM member does wrong they can use the funds they hold to bail any of themselves out using tribe money but not the tribe. (m) not allow them to form a company under these rules as then they have unrestricted seats (p) act for the benefit of other Maoris yet they do not have for the benefit of the tribe? (q) act on the benefit of Muaupoko? NOT FOR Muaupoko.

5.2 Can start an Asset Holding company for what? Allows them to be the boss as separate from the MTA. Can make it separate from the Society so they alone control? A society is not good for holding a Company as if they get it wrong then there liability is paid for by the tribal funds. Ask them if each of them have had a company and how much paid up shares and name of their company EACH has owned. Who will authorize this? (b1) hold fisheries assets? & (ii) any financial return  of these assets to the Authority only? Not the tribe.
(i) owned by the directors only not the tribe? (II)not over 40% of board but does not say the tribe (iii) may receive & hold (iv) dividends paid to MTA solely not the tribe

5.4 Allows them to setup a Fishing company separate and not telling the tribe, with themselves as allowing them to do whatever with the money received without telling or having any benefit for the tribe. That means the tribe has no say and no shares in a separate company? Remember no AGM financials since before 2010?? so whose accountable to whom?

5.5(a)  Allows MTA to hold all assets allowing them to be paid dividends and which could be bonuses to themselves?  Remember they are using tribe funds and can pay themselves separate from the Incorporated fund salary either directly or indirectly to themselves. (b) they forget to mention annual accounts only a plan which is not annual accounts like profit and loss account. It can be a report of the good things they have done with our money. (c) report annually to the MTA but not the tribe (d) have audited accounts yes and can vote themselves only to the company not the tribe. This means the tribe have no say on who gets to be in this company eg. Mahunga and Steve so they can keep this Company separate from the tribe and its a good way to launder funds for themselves. They show no responsibility if these accounts are wrong so they can do as they please with impunity then use MTA funds to bail themselves out.

5.6  Proven experience. This is where we ask them for their experience details. To date they provide nothing to the members. That mean past Companies they worked for and we check them out--we cannot as not allowed?

5.7  Again allows those elected to remain??? In power seats no elections? This is dangerous?

5.8  But reporting responsibilities to who? It does not say anything?

6.  There is no cap on the amount that one can pay out so if Matthew Sword says his bill to write up a new Constitution is $3000 they pay? It appears Matthews accounts have been high to date.

6.4  Board must disclose Profit and Loss account & Balance sheet?

7.1  Council of elders ?

8  Must be registered.

9.1 (ii) whakapapa committee ---who is this from the hapu?? Experience important.

9.3 Always may receive. What about will receive.

9.10  What experience do they have? This allows this Committee if not experienced to gang up on anyone they dislike and kick off? There is no appeal by the member which is wrong

9.18 The MTA should update yearly all contact details.

11.2 Not just annual report but must also include Balance sheet, profit and loss account. What about general business FAQs.

11.3 must have plan and allocation of funds.

11.5 non attendance of Board members must be via proxy form. But also if they not attend 2 consecutive meetings then out.

14.1 all members with emails notified of any meetings?

17 Does not mention:  1/. CHAIRMAN & HIS TERM & THAT WE MUST FACE RELECTION AS WELL

2/. DEPUTY CHAIRMAN—NOT A CEO--- MUST BE RELECTED BY TRIBAL BALLOT [ Read about CEO meaning later ]
3/. Treasurer and Secretary must face election as well and be questioned on their background experience. Remember many accountants today embezzle funds from client and so can these people change the books.
Chairman: where is the election of the Chairman & term of office? This means the Chairman and deputy are here for LIFE. Also in Section 26 you will see the term Chairman & deputy Chairman. There is no such word as CEO in a charitable society incorporated? It is a word given for the governance of a profit making company or multi corp & it is a hyper name that allows them to pay what they like & increase salary to what they like? CEO is a dangerous word and should NOT be used in any Charitable society. It is a corporate word. Steven should be called Deputy Chairman?
21 Board members out if do not attend 3 consecutive meetings. Board members must attend huis?? They never go?
24 Delete this word CEO &he must is elected by the people (tribe)  not the Board with a 3 year term on contract. The person must show his Business background CV including company names, positions, his or her qualifications to oversee funds and must be able to show where he or she has invested their own money at risk in a business venture as he is using tribal money where he has no risk. All nominations veted and must be voted by ballot.
26 Chairman term in office and must be elected by the tribe by ballot. 1 vote per member. Nominations should be called for these positions & experience in the business world veted and under scrutiny. Remember these people are using your money to spend up how they want not what you want.
NO MENTION OF ANY SALARIES, OR PAY RISE ETC?? So they can pay themselves what they like.
ADVERTISING FOR JOBS
SEEKING OUT THE BEST BRAINS IN THE TRIBE
NO KOHANGA, NO KAPA HAKA, NO Te REO, NO TRIBAL CLASSES, No interaction with any Trust to help
                                                                                   

PLEASE NOTE THIS NEW CONSTITUTION WAS PASSED EVEN THOUGH NOONE HAD EVEN LOOKED AT IT OR FULLY UNDERSTOOD IT. A show of hands noone was able to raise one hand?? I am also saying to the NZ Government that these anomolies can only be worse if nothing is done about the settlement and as I am sending to the majority of MPs it is important they can note what is happening. I have thus explained in full the real behind the scenes of the problems we are faced with.